STANDARD TERMS AND CONDITIONS

These Terms and Conditions cover  Intention Products, LLC of Nevada USA and any associated company, partner or productline, recognized as BrandU®  or Why Communications (referred to herein as IP) as appropriate to your (referred to herein as MEMBER) transaction.  We strive to answer all Member Care tickets and phone messages within forty-eight (48) business hours (weekends and holidays excluded). 

All products, programs, courses, workshops, events and services purchased on this website, at an event, or over the phone are considered final unless the agreement is canceled within two (2) business days from the order date (excluding Sundays and holidays). The cancellation must be a signed and dated request by from the MEMBER stating that you are canceling the agreement as executed, and must be received by mail, support form, or fax 800-457-9713 within two (2) business days from the order date as substantiated by the credit card, debit card or PayPal processing date. 

It is your sole responsibility to have, maintain and use a computer that is considered customary and standard complete with a browser, Internet connection, free version of Flash, free version of QuickTime, and free version of Acrobat Reader to participate in products and programs offered.

Possession, participation or use of any book, content or program does not give the MEMBER rights to use any process or steps with its clients to develop communications or a business from, or to derive income through this process.  All products, services, courses, programs, workshops or events are sold with the understanding that IP is not engaged in rendering legal, medical, accounting, or other professional services. If legal or other expert assistance is required, the services of a competent professional should be sought.

Specifically:

A.  Products and Programs - BrandU®

1.  All physical products, books, workbooks, CDs, etc., are 100% guaranteed against defects in workmanship.  Please notify us within five (5) business days, excluding Sundays and holidays, of receipt of any product's defects so that we may replace the products at no cost to you. 

In unlikely event of damage during shipment or receipt of the wrong product, please contact Vervante at customerservice@vervante.com or call 888-845-4992.  Once your order is confirmed, a replacement will be shipped.  You are required to return the damaged product to:

Returns
Intention Products
c/o Why Communications
333 Washington Blvd, Suite 331
Marina del Rey, CA   92092

If the damage product is not received within thirty (30) days you will be charged for the replacement shipment.

2.  If free shipping is indicated when purchasing any product, that product will be shipped ground or surface transportation, and free shipping is not available outside of North America. Regardless of the method of shipment, paid or free, international tariffs or brokerage fees are not included and are the responsibility of the MEMBER.

3.  Every effort will be made to process your order within twenty-four (24) hours if received by 11:00 AM PT and based on availability unless an out of stock condition exists, all others within forty-eight 48 hours, weekends and holidays excluded, after which delivery will be based on the shipping service that you've selected.  The shipping duration will be based on availability, the carrier and shipping method you select.  If shipping is delayed or lost due to inaccurate or incomplete customer information, the customer must place a new order.  Otherwise, if shipping is delayed or lost due to the carrier or processing, we will replace the order and ship it at no cost to the customer.

4.  If your order is International or ships to an address different than the billing address, you are required to fax a note referencing your order no. and authorizing the alternate shipping address.  In addition, include a copy of the front and back of the credit card and fax the note and credit card copies to 800-457-9713.

5.  Order data and information entered via the web site is the sole responsibility of the MEMBER.  We can not guarantee that any emailed or faxed shipping addresses will be stopped prior to shipment.  Any shipping delays and costs for re-direction or re-shipping including product cost is the responsibility of the MEMBER.  We can can guarantee email delivery of any notice, and non-receipt is not a reason for a refund.  Call 800-457-9713 x202 if you suspect that you are not receiving notices.

6.  If a payment plan is chosen for any product or service and any of the scheduled payments are not received, we reserve the right to refuse entry into any online support, tele-class, tele-course or one-on-one meetings that may be a part of the product or service.  Once all payments have been made entry will resume.

7.  Brandstorms™ are offered as non-legal, non-accounting, non-medical advice and counsel in matters of creativity, communications, branding, marketing, productization, advertising, and business development & management. This time CANNOT be used for design services. Any scheduled sessions canceled in less than 24-hours beforehand will result in forfeit of the time booked whether paid for or gifted.  If appropriate the MEMBER will be billed for the canceled session.  All Brandstorms™ must be used within one-year from sign-up and are non-transferable, unless expressly defined to the contrary in writing.

8. Anyone transferring from one tele-class, tele-course or program to another will be charged a $25 transfer fee, due and payable at the time of the request.

9. Life Time On-line Support is defined as continuous access to the Member section of www.brandu.com provided that a Member's account is fully paid in accordance to the payment plan, if any, of the original purchase, AND that the program continues to available through the Internet via any distribution company purchased prior to August 31, 2010.  Should the program purchased cease to be available for any reason Life Time On-line Support shall expire.

B.  Workshops, Intensives and Events - BrandU®

1. Any workshop or seminar must be paid in full or current in the payment plan a minimum of two (2) business days prior to the desired workshop or seminar. All workshop or seminar fees are non-refundable but can be transferred to another workshop or seminar date if notified ten (10) business days prior to the original workshop or seminar.  Otherwise any workshop or seminar fee cannot be transferred, and is non-refundable.

2. Anyone transferring from one workshop to another will be charged a $25 transfer fee, due and payable at the time of the request.  All transfers expire within one (1) calendar year from the original date of purchase.

3. All special pricing offered and committed to at any workshop must be paid within two (2) business days. Otherwise, the regular retail prices published on this site shall prevail. Any special pricing products or services can be purchased, paid for and used for up to six (6) months in the future.

4. All products and services purchased at an event or workshop produced by us or any other promoter are considered final unless the agreement is canceled within two (2) business days from the order date (excluding Sundays and holidays). The cancellation must be a signed and dated request by you, the buyer, stating that you are canceling the agreement as executed and must be received by mail, support form, or fax (800-457-9713) within two (2) business days from the order date.

5. By attending a workshop or tele-class or participating in a testimonial acquisition program, you agree to grant the use of your likeness or voice or text quote for promotional use of any process or program. You further agree that all right, title to, and interest in films, videotapes, photographs, recordings and transcripts of your appearance, voice and words, as well as any and all elements thereof shall be  IP's sole and exclusive property, including, without limitation, the right to edit, copy, exhibit, transmit, perform, license, sell and otherwise exploit all or any portion thereof in any and all media, whether now or hereafter known, throughout the world in perpetuity, without restriction or limitation.  Wherever possible, your likeness, voice or text will be credited with your name, business or website.  If you see the use of your likeness or voice or text quote, and would prefer that it not be credited with your name, business or website just contact us at http://membercare.brandu.com, or fax us at 800-457-9713 and let us know.

6.  Any previous fully-paid attendee may personally attend the same workshop for 50% of the current fee.  This benefit is non-transferable.

7.  Guarantees - Our philosophy on money-back guarantees differs from most companies— we believe that the truest path to multi-million dollar success is held in taking full responsibility for ALL of the results in your business. That means you.  And we provide how-to-do-it processes, which won't work without you.  In our Intensive live events 150% Commitment Guarantee, we give you more than money, we give you ourselves. If you actively participate each day as if you are building a multi-million-dollar business, and ask all the questions that come up throughout the intensive, if you honestly feel that we didn't answer all of your questions during our time together, and you let us know BEFORE the Intensive ENDS, I'll will give you up to three (3) hours of private phone consulting to make sure your complete all your work (a value of $4,500).

8. Special Extended Payment Options - 4-day Brand Intensive

MEMBER promises to pay to Intention Products, LLC of Nevada USA and any associated company, and its successors and assigns the aggregate outstanding balance owed for the Purchase of the Brand Power 4-day Brand Intensive. This financing arrangement constitutes a legal and valid promise to pay the amounts due hereunder and Customer agrees that it is equivalent to a Promissory Note under the UCC.

Options offered (selection shall be indicated by the MEMBER'S choice during order processing):

1.  $5,964.00  in 12 equal payments of $497.00; or

2.  Down payment of $497.00 and either:

The MEMBER may prepay at any time and from time to time all or a portion of the principal amount of this Note without penalty or prepayment premium.

MEMBER hereby expressly waives demand and presentment for payment, notice of nonpayment, protest, notice of protest, notice of dishonor, notice of acceleration or intent to accelerate, bringing of suit and diligence in taking any action to collect amounts called for hereunder except as otherwise set forth herein and shall be directly and primarily liable for the payment of all sums owing and to be owing hereon, regardless of and without any notice, diligence, act or omission as or with respect to the collection of any amount called for hereunder.

If the MEMBER shall default in the payment, when due, Intention Products may consider this Note immediately due and payable, without presentment, demand, protest or notice of any kind, all of which are hereby expressly waived, anything herein or in any note or other instruments contained to the contrary notwithstanding, and the Holder may immediately, and without expiration of any period of grace other than as contained in this Section, enforce any and all of the its rights and remedies provided herein or any other rights or remedies afforded by law.

In the event any holder hereof shall refer this Note to an attorney for collection, the MEMBER agrees to pay, in addition to unpaid principal and interest, all the costs and expenses incurred in attempting or effecting collection hereunder, including attorneys' fees and disbursements, whether or not suit is instituted.

C.  Interprise Business Incubator™

1.  Interprise Business Incubator™, Plus and Pro, are extremely valuable programs, by invitation only, for a limited number of Members, and offered at a significantly discounted investment.

2.  As part of, and central to, the Business Incubator™ MEMBERS will receive valuable written materials and curriculum materials (workbooks, guides, CDs and online access, etc) that are worth over $6,500.00 complete with one year on-line support.

3.  Interprise Business Incubator™ is for a fixed period of twelve (12) months and is not cancel-able.

4.  MEMBERS agree to avail themselves of and pay for, the complete Business Incubator™ program. Once Interprise Business Incubator™ Pro enrollment is full, approved applicants will be put on our waiting list until an existing Member's participation has been completed.

5.  MEMBERS are solely and wholly responsible for any decisions made or actions taken or initiated by them that may be motivated by or as a result of any materials, education, mentoring, coaching and advice received during their membership period.  IP does not warrant or guarantee that any specific level of success or achievement will be attained.

6.  Interprise Business Incubator™ fees are payable in advance and may be paid in a single payment or consecutive monthly payments as determined by each program.  Paying monthly by installments does not entitle the MEMBER to terminate this agreement.  If payments are not made in accordance with the agreement, all services will halt and all necessary action will be taken, at the MEMBER'S cost, to collect the unpaid fees, including but not limited to interest and penalties, Collection Agency fees, tracing fees, legal fees and any additional costs pertaining to the outstanding debt.

7.  Interprise Business Incubator™fees may increase after the end of the initial Mentorship period but no more than once in each year. We will give MEMBERS one month's notice in writing of any proposed increase in the Mentorship fee at the same time that an invitation is issued to renew Mentorship. If the MEMBER does not agree to pay the new fee, the MEMBER may not accept the invitation to continue Mentorship therefore canceling any further payments.

8.  If the Interprise Business Incubator™ fees are not paid as committed for any reason, the MEMBER will be billed at the rate of $3,000 per month the MEMBER was active plus a materials fee of $6,500. Any payments made will be credited when determining the the total amount to be collected.

9. There is no unilateral right by a Member to terminate enrollment in the Interprise Business Incubator program.

D.  Mentorship programs - BrandU®

1.  Mentorship is extremely limited and by application only, and is renewed annually by invitation only.

2.  Mentorship is for a fixed period of twelve (12) months.

3.  MEMBERS agree to avail of and pay for, the complete Mentorship. Once Mentorship is full, approved applicants will be put on our waiting list until an existing member departs.

4.  MEMBERS are solely and wholly responsible for any decisions made or actions taken or initiated by them that may be motivated by or as a result of any materials, mentoring, coaching and advice received during their membership period. IP does not warrant or guarantee that any specific level of success or achievement will be attained.

5.  Mentorship fees are payable in advance and may be paid in a single payment or consecutive monthly payments as determined by each program.  Paying monthly by installments does not entitle the MEMBER to terminate this agreement, except in the circumstances set out below.  If payments are not made in accordance with the agreement, all services will halt and all necessary action will be taken, at the MEMBER'S cost, to collect the unpaid fees, including but not limited to interest and penalties, Collection Agency fees, tracing fees, legal fees and any additional costs pertaining to the outstanding debt.

6.  Mentorship fees may increase after the end of the initial Mentorship period but no more than once in each year. We will give MEMBERS one month's notice in writing of any proposed increase in the Mentorship fee at the same time that an invitation is issued to renew Mentorship. If the MEMBER does not agree to pay the new fee, the MEMBER may not accept the invitation to continue Mentorship therefore canceling any further payments.

7.  Mentorship may be terminated ONLY when the MEMBER provides all details which were false when applying for Mentorship and how the false declarations would have reasonably affected our decision to grant a Mentorship.  If termination is permitted, all time spent with the MEMBER, for any purpose, will be billed at the rate of $3,000 per hour plus a cancellation penalty of $5,000 will be accessed against payments made up to date of the termination's acceptance.

E.  Product and Program Upgrade Guarantee - BrandU®

1.  Any MEMBER can receive a 100% credit less shipping, handling and taxes of any program if they upgrade to a program within the product line or stage (Stage One:  Power Path, Stage Two:  Brand Power or Stage Three:  Market Power) of greater value within one (1) calendar year from purchase. A 50% credit less shipping, handling and taxes is available if upgrade is more than one (1) calendar year from original purchase.

2.  Any MEMBER can retake any course, event or Intensive for 50% of the current investment plus any shipping, handling and taxes, if appropriate.

3.  Special offers can not be combined with the Upgrade Guarantee.

F.  Why Communications - Design and Production Services

1.  All work is done as a work-for-hire and all results are the property of you (the MEMBER), when all invoices are paid in full. Services will begin upon receipt of the executed agreement and retainer.

2. Time is of the essence. Once a schedule is determined and mutually agreed upon, prompt response by the MEMBER is required for all review and approvals. To meet the targeted delivery dates, all MEMBER reviews and required approvals must be completed within twenty-four (24) hours of receipt of comp/proof. Any Delays can result in rush charges or affect the final delivery date.

3. All billing is based on actual time spent, and billed at $50 to $1,500 per hour as per the application service plus costs and applicable taxes.

4. The cycles of review, selection, modifications and approval by MEMBER are noted in the Scope of Work and Process above. Additional cycles will exceed the estimate.

5. There is no inclusion of time-and-a-half or double-time rush fees. Normal business hours and legal holidays will be maintained.

6. All comps, printing & printing management are not included and are to be quoted and billed separately.

7. Expenditures made on behalf of MEMBER, such as project photography, fonts, printing, royalty-free art, shipping, etc., on your behalf will be billed at 15% plus cost.

8. All invoices are Net Due upon Receipt and payable in cash, check or barter services. All pre-approved reimbursable expenses and any applicable taxes must be paid in cash or check as requested. Payments made via credit card or echeck may carry up to a 3% processing fee, and use must be pre-approved.

9. All work may halt and art assets held if any payment is not received as agreed. All late payments will carry a one time financing fee of 3%, and a monthly interest rate of 1.5%. All returned checks will carry a $15.00 fee, and any resultant bounced checks will carry a fee of $40.00.

10. Any fees, charges, bills, interest etc., incurred from an attorney and/or a collection agency to collect any outstanding balances that are past due shall also be payable.

11. Our liability under this agreement shall not exceed fees paid to us by MEMBER.

12. We shall be credited on all materials designed under this agreement. The size and placement of the credit shall be tasteful, proportional and in harmony with the CLIENT's materials.

13. This agreement shall be construed and enforced under and pursuant to the laws of the State of California.

14. In connection with any effort to enforce this Agreement or in connection with any matter related to this Agreement, including litigation, appellate and bankruptcy proceedings, suits to enforce post-closing obligations and any other manner of legal proceeding, the prevailing Party shall be entitled to recover all expenses, including costs and reasonable attorneys’ fees.

CONTACT US

If you have any questions, comments or concerns regarding our Terms and Conditions and/or practices, please contact us at the following web address: http://membercare.brandu.com or write us at:

Intention Products, LLC
723 S. Casino Center Blvd., Floor 2
Las Vegas, NV 89101

Last updated on July 9, 2010

Copyright © Castle Montone, Limited  All Rights Reserved.